Autonomy and informational privacy, or gossip: The central meaning of the first amendment

Social Philosophy and Policy 21 (2):215-268 (2004)

Abstract
My thesis is simple. The right of informational privacy, the great modern achievement often attributed to the classic Samuel Warren and Louis Brandeis article, “The Right to Privacy” , asserts an individual's right not to have private personal information circulated. Warren and Brandeis claimed that individual dignity in a modern society requires that people be able to keep their private lives to themselves and proposed that the common law should be understood to protect this dignity by making dissemination of private information a tort. As broadly stated, this right not to have private information distributed directly conflicts with a broadly conceived freedom of speech and of the press. My claim is that, in cases of conflict, the law should reject the Warren and Brandeis innovation. Speech and press freedom should prevail; the privacy tort should be ignored. This conclusion requires a normative argument concerning the appropriate basis and status of speech freedom that this essay will not really provide but for which I have argued elsewhere. Here, instead, I will describe that theory of speech freedom, explore its implications for informational privacy, and finally suggest some reasons to think that rejection of the privacy tort should not be so troubling and is, in fact, pragmatically desirable
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/s0265052504212092
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 47,385
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Gossip and Social Punishment.Linda Radzik - 2016 - Res Philosophica 93 (1):185-204.

Add more citations

Similar books and articles

Four Challenges for a Theory of Informational Privacy.Luciano Floridi - 2006 - Ethics and Information Technology 8 (3):109-119.
Unknowableness and Informational Privacy.David Matheson - 2007 - Journal of Philosophical Research 32:251-267.
The Ontological Interpretation of Informational Privacy.Luciano Floridi - 2005 - Ethics and Information Technology 7 (4):185-200.
Privacy, Separation, and Control.Steve Matthews - 2008 - The Monist 91 (1):130-150.
Reconstructing the Right to Privacy.Mark Alfino & G. Randolph Mayes - 2003 - Social Theory & Practice 29 (1):1-18.
Inaccuracy as a Privacy-Enhancing Tool.Gloria González Fuster - 2010 - Ethics and Information Technology 12 (1):87-95.
Designing Spheres of Informational Justice.Michael Nagenborg - 2009 - Ethics and Information Technology 11 (3):175-179.
The Moral Value of Informational Privacy in Cyberspace.Diane P. Michelfelder - 2001 - Ethics and Information Technology 3 (2):129-135.

Analytics

Added to PP index
2009-01-28

Total views
49 ( #183,478 of 2,291,314 )

Recent downloads (6 months)
1 ( #827,672 of 2,291,314 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature